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Who has rights of deceased fathers property
01-Mar-2023 (In Property Law)
I am hindu. My father passed away during 2006-2007 and my mother also died.. I am the only son and I have two sisters both are married in the year 1978 and 1995 respectively.The elder sister affected by memory loss. I have heir certificate with my name and elder sister name, not have younger sister name. My father has not made any Will.But i made changes of patta from my father name to my name in 2010 for land but i missed to change the patta for home. Kindly let me know whether myself are only the legal heirs for the property or my sisters or elder sister daughter can claim their share.
the Supreme Court has said that the 2005 amendment in Hindu law will give property rights to a daughter if the father died after the amendment came into force on 09.09.2005. As your father had passed away after that date, your sisters would be entitled to 1/3rd share in the property that your father has left behind.
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On the demise of your father you and your sisters are normally entitled to the property equally including the sister who is mentally ill. Mentally ill does not mean her property can be taken by someone else. Change of name in the Revenue records such as patta does not give you a perfect title over the properties left by your father. In any case you and your two sister are equally entitled in the given case and not otherwise.
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Adv. GP Vijay
Chennai | 200+ Answers
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